• FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

NFL cheerleader rulebook sounds sexist … but is it illegal?

Rachel Mucha
by Rachel Mucha
April 4, 2018
2 minute read
  • SHARE ON

While it may come as no surprise the NFL has strict rules about cheerleaders’ appearance and conduct, the league might be in trouble for not imposing similar rules on their players.
Bailey Davis, a cheerleader for the New Orleans Saints, was recently fired for posting a photo of herself in a revealing outfit on Instagram. This violated the NFL’s code of conduct, which states cheerleaders cannot pose for photos semi-nude or in lingerie.
But Davis filed a complaint with the EEOC, claiming the reason for her firing was discriminatory. There are dozens of rules restricting what the female cheerleaders can do outside of work, yet the same rules don’t apply to the male football players — they can post whatever photos they want.

The rulebook

The cheerleader code of conduct has many appearance-based rules, such as hygiene guidelines and an “ideal weight” requirement (Cincinnati cheerleaders can’t go more than three pounds over that).
But the rules at the center of this complaint are the ones that apply to the Saints cheerleaders when they aren’t performing:

  • Cheerleaders must avoid contact with all players, including in person and on social media.
  • Cheerleaders cannot be in the same room as players.
  • Cheerleaders can’t dine in the same restaurant as the players. If a player enters while cheerleaders are dining, they must leave the restaurant.

Davis’s complaint is that these rules do not apply to the players. They are free to initiate contact with cheerleaders and eat in a restaurant despite any cheerleaders already being there — the burden is on the cheerleaders to ignore players’ advances or to leave the restaurant.
The Saints are defending the rules, however, saying they are in place to protect cheerleaders from harassment. But Davis’s lawyer points out the discriminatory nature of this thinking:

“If the cheerleaders can’t contact the players, then the players shouldn’t be able to contact the cheerleaders. The antiquated stereotype of women needing to hide for their own protection is not permitted in America and certainly not in the workplace.”

Similarly situated?

Employment attorney Jon Hyman, of Ohio Employer Law Blog, says it all comes down to whether the cheerleaders and the players are similarly situated.
Businesses are allowed to have different sets of rules for different groups of employees, and it doesn’t really seem like cheerleaders and players are similarly situated. If certain rules applied to female cheerleaders but not male ones, for example, then Davis would have a stronger case of sex discrimination.
However, Hyman says that businesses should be wary of having rules that strictly apply to employees who happen to be one gender. Employers should ask themselves: Is there a legitimate need for rules to only apply to this group?
 
 

Rachel Mucha
Rachel Mucha
Rachel writes about Human Resource management and has been a member of the HRMorning staff since 2017. She is a graduate of Ithaca College.

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • HR Technology
  • Performance Management
  • Leadership & Strategy
  • Compensation & Payroll
  • Policy & Culture
  • Staff Administration
  • Wellness & Safety
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2021 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader